Delhi government’s revenue department has issued notices to Delhi Metro Rail Corporation (DMRC), New Delhi Municipal Council (NDMC), Delhi Cantonment Board and three MCDs for non-payment of stamp duty, which amounted to Rs 28 crore. The government has threatened legal sanctions if they failed to pay their dues.
The principal accountant general (Audit) of the Delhi government has taken serious notice of non-payment of stamp duty by the DMRC, NDMC and three municipal authorities and other corporations.
Non-payment/evasion of stamp duty is an offence under the Indian Stamp Act. Top officials from concerned organisations may be held liable and prosecuted under the Act, besides imposition or penalty to the extent of ten times of the deficient/evaded value of stamp duty.
DMRC has been allotted land and available free spaces on lease for a period ranging from one to 99 years during 2008-09 to 2012-13, to private entrepreneurs for parking, commercial and other purposes for a total consideration of Rs 3092.34 crore in 345 cases. It had neither registered the lease deeds in respect to these properties nor had any contractual binding on the leases for deed registration. This has resulted in loss, on account of stamp duty and registration fee to the tune of Rs 11.96 crore and Rs 0.02 crore respectively.
As far as three MCDs are concerned, corporations were awarded contracts and agreements for toll collection from the 2003 onwards, for a period ranging from one to three years to private entrepreneurs. This amounted to a total consideration of Rs 1903.5 crore in 3 cases. It neither registered the lease deeds nor had any contractual binding on the leases for deed registration. Thus, failure on the part of the MCD resulted in a loss of stamp duty and registration fee, to the tune of Rs 14.83 crore and Rs 0.01 lakh respectively.
‘The three Municipal Corporations of Delhi ( EDMC,NDMC and SDMC) also executed agreements and contracts of parking sites with private entrepreneurs for a total consideration of Rs 215.80 crore, which included Rs 4.07 crore of East Delhi Municipal Corporation, Rs 68.74 crore of NDMC(North MCD) and Rs 142.99 crore of South Delhi Municipal Corporation’, the notice said.
These lease deeds were executed from two to six years ago. These corporations neither registered lease deeds nor had any contractual binding on the leases to register the deed and this resulted in a loss of stamp duty and registration fee to the tune of Rs 1.26 crore and Rs 0.01 crore respectively.